When the Innocent Plead Guilty - Denton County DWI Defense

Tim Powers

Law Office of Tim Powers

940.580.2899

www.timpowers.com

I've often been told, "Well, if he pled guilty he must have done
it!" This is wrong on so many levels that I don't know where
to begin…

Certainly, in DWI cases, the reasoning is wrong as drunk driving is somewhat
unique among criminal offenses. There are two issues: (1) driving while
intoxicated which is defined in Texas as the loss of normal use of mental
or physical faculties because fo the introductions of alcohol, drugs etc,
into the system, or (2) and driving with a blood-alcohol level of .08%
or higher.

Problem #1: Since individual tolerance varies, it is difficult to presume
impairment from a blood-alcohol level. Further, at what point does the
driver know he is impaired?

Problem #2: How does the driver know what his blood-alcohol level is when
he's driving? Can he tell the difference, for example, between .07%
and .08%? (Well, you say, he shouldn't have been driving if he was
even close. So do we convict citizens who are "close" to driving
over the speed limit?)

But there are larger issues involving those who plead guilty to DWI —
issues involving the increasingly coercive nature of the judicial system,
as a respected retired federal judge has noted today:

Why Do Innocent People Plead Guilty?

Huffington Post, June 6
– Prison is Hell for the guilty; it is difficult to envision what
it must be like for the innocent. Brian Banks is yet another story of
a person not only wrongfully imprisoned, but imprisoned based upon his
own "voluntary" act. He was exonerated after serving five years
for a rape he did not commit. How and why do innocent people confess or
plead guilty to crimes that they did not commit? Roughly 20 percent of
those that have been exonerated confessed to the crimes with which they
were charged and convicted. Most of those involved persons who had actually
gone to trial, but we have no way of knowing how many there are who merely
entered guilty pleas through bargains and never appealed as a result.
Although we hear and read about criminal trials, the reality is that only
about 5 percent actually go to trial and the balance are resolved by plea
agreements…

What apparently happened here (based upon his version) is all too typical
of what happens in the criminal justice system. I call it the "Ins
of Court" — intimidation by the prosecution and incompetence
by the defense. The defendant, frightened, most often poor, uneducated,
a minority member is advised that a trial is likely to end with a conviction
and a long sentence, whereas a plea will guarantee a much shorter sentence.
Despite his protestations of innocence, the defendant seeks guidance frequently
from an over-worked, underpaid defense lawyer who would much prefer a
quick deal rather than a long drawn out trial. Of course, not all defense
counsel fit that description. Many do not, but even the best and most
devoted are required to put this draconian choice to their clients —
a guaranteed short sentence versus a potentially long one — possibly
life in prison.

The problem is further complicated by the fact that it is more difficult
to set aside a guilty plea than a conviction after trial. Once a person
has admitted guilt and spelled out the details of the crime sufficient
for the court to accept the plea, the chances of reversing such convictions
are very slight if not nil. Most do not try. Mr. Banks had the fortitude
to continue his fight even after he had been paroled and was fortunate
in eliciting a recantation from the complaining witness. Such instances
are very rare. Thanks to the tenacity of the California Innocence Project
it happened here.

The reality is that without plea bargains the entire criminal justice system
would come to a halt. Charges would be tried ten years after they were
made. The only solution is vigilance by all those involved. The prosecutor,
defense counsel and the court must be satisfied of the defendant's
guilt before urging or accepting a plea. I recognize that there is no
avenue to absolute certainty because the knowledge of guilt or innocence
lies with the defendant, but all involved must strive not to imprison
the innocent — even those who profess to be guilty.

It is common in drunk driving cases for the prosecution to offer the defendant
a plea bargain, for example, of a guilty plea to the .08% charge with
a dismissal of the DUI charge, and a promise of only two days in jail
— with the understanding that if he goes to trial and loses, the
judge will sentence him to 60 days in jail. (Note: Most judges dislike
trials, as they back up their busy caseloads, so are anxious to dispose
of cases by plea — and inclined to punish those who "waste
the court's time". Accordingly, it is often commonly understood
in any given courtroom that the sentence will be far worse if you refuse
the plea bargain offer and insist on your constitutional right to jury trial.)

So… The defendant thinks he is probably innocent and his attorney
tells him that you has a good case: in his opinion, he has a 50% chance
of being acquitted on both counts.

What would
you do?

If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County DWI case or arrest in
Denton County, contact the offices of Tim Powers today. There is no charge
or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult
an attorney.

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